WI · jury_instructions
Wis JI-Civil 3201
Implied Warranty: Merchantability Defined
An "implied warranty" is a warranty which arises by operation of law from the acts of
the parties or circumstances of the transaction. It requires no intent or particular language or
action by the seller to create it.
A warranty that the goods (product) shall be merchantable is implied in a contract for
their sale if the seller is a merchant with respect to goods of that kind. "Merchantability"
means reasonable fitness for the general purpose for which the goods (product) are (is) sold.
When a purchase is made, the seller warrants or guarantees that the goods (product)
purchased:
[would pass without objection in the trade under the contract description;]
[in the case of bulk goods, are of average quality within the description;]
[are fit for the ordinary purposes for which such goods are used;]
[run, within the variations permitted by the agreement, of even kind, quality, and
quantity within each unit and among all units involved;]
[are adequately contained, packaged, and labeled as the agreement may require;]
[conform to the promises or affirmations of fact made on the container or label if any.]
History
Wis JI-Civil 3201 (2009). ©2009, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
af42a557d7b36689ec4092f46ab4590b7ae4022177ff8c577f4a992411fb6538
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